Seeds Bill 2004: Salient Features & Current Status

According to a report published in Economic Times (February 13, 2017), the government is planning to revive the Seeds Bill, which was first introduced in 2004 and last in 2014 but has never seen the light of the day. Here is a review of the bill.

Introduction

Currently, agriculture is growing at the rate of 1.2% much lower than the GDP growth rate of approximately 7.5. The proposed Seed Bill is expected to give a boost to the agriculture sector. The passage of this bill is quintessential for the government to fulfil its commitment of doubling farmer’s income. The bill is important as it will bring competition among players in the sector and promote healthy crops. The bill seeks to update Seeds Act, 1966 in order to address change in technology and structure of seed sector.

Key features of the Seed Bill, 2004

Registration and certification

• The bill proposes to establish Central Seed Committee and sub committees. Any type of seed which is for sale has to be registered with Registration sub-committee. The registration is valid for 18 years for long duration perennial crops and for 15 years for annual/biennial crops
• All registered seed has to meet the minimum standard with respect to the proportion of seed that must germinate, the level of physical and genetic purity and the permitted proportion of diseased seeds.
• A verity of seed containing any technology considered harmful or potentially harmful to environment and ecology shall not be registered. These transgenic seeds can only be registered after the applicant has obtained clearance from Environment (Protection) Act, 1986.
• Every seed producer and dealer, and horticulture nursery has to be registered with state government.

Rights of farmers

• The bill protects the rights of farmer to use, sell, share, exchange or save his farm seeds and planting material. However, farmer cannot sell his seed under a brand name, also seeds must meet the minimum standard mentioned above.
• If the seeds fail to perform to expected standard than farmer can claim compensation from the vendor or dealer under the Consumer Protection Act, 1986.

Import and Export

Import of seed would be subject to Plant Quarantine order, 2003 or any corresponding order under Destructive Insect and Pest Act, 1914. Such seeds should also conform to the minimum standard mentioned above. The government can restrict export of seed if it feels food security of India is affected.

Key Issues with this Seed Bill

This bill should be seen in the context of Seed Act 1966 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR). PPVFR Act set up a framework to protect the intellectual property rights of breeder and on the other hand safeguarding the rights of farmers.

• The seed sold by farmers has to conform to the minimum standards. This provision could be difficult to implement. Physical infrastructure would be required to test these standards. Such testing would increase the cost of seeds. Whereas in PPVFR act there is only one requirement that farmers cannot sell branded seeds which is easier to implement.
• Farmers have to approach consumer court in order to claim compensation. This in contradiction with PPVFR act which permits farmers to claim compensation through the Authority established under this act. Because of the various factors that affect the performance of crops like climate, fertilizers, water etc. It would be difficult to prove that underperformance of crop was on account of the poor quality of seeds.
• The bill does not provide for the mechanism to trace back the packet of seed to the vendor or dealer.
• There is no specification of the quality assurance systems. 
• Self-certification may lead to false declaration by companies. To prevent this, only government agency should be allowed to conduct trials and grant certificates.

Current Status

The bill was revived in 2014 after a decade but was again put on hold in 2015 after the backlash against the provisions relating to genetically modified (GM) seeds. This bill if passed has the potential to boost the agricultural growth. Recently NITI aayog advocated for massive research in the field of improving seeds verities including GM ones.